H.R. 6576 — SAFE LiDAR Act

This section states congressional findings on (1) the critical role of LiDAR technologies in autonomous vehicles, defense systems, critical infrastructure, robotic systems, advanced manufacturing, and other innovations; (2) the Chinese Communist Party's efforts to dominate LiDAR technologies to advance military capabilities and undermine U.S. national security; and (3) the national security risks posed by foreign adversary dominance of LiDAR technologies, including espionage, technical compromise, and supply chain disruptions.

This section establishes prohibitions, beginning three years after enactment, on covered persons or transactions with them that result in the use of covered foreign adversary light detection and ranging (LIDAR) technology in the United States; and, for critical infrastructure operators or federal entities, prohibits such use beginning five years after enactment for products in use prior to enactment or immediately upon enactment for products not then in use. (Covered foreign adversary LIDAR technology refers to LIDAR produced or controlled by entities from certain countries such as China, Russia, Iran, or North Korea, as defined elsewhere in the bill; LIDAR enables 3D mapping and object detection for applications including autonomous vehicles and surveying.) The section authorizes the Secretary of Commerce to issue case-by-case waivers for transactions if in the national interest or to avoid undue hardship (non-renewable, not exceeding three years) or, for critical infrastructure or federal use, if in the national security interest or necessary to avoid service cessation (with a mitigation agreement); requires procedures for waivers by the prohibitions' effective dates; and permits a two-year extension of the transaction prohibition (with subsequent 180-day extensions upon de novo findings) if domestic alternative supplies are insufficient, subject to judicial review. The section exempts government testing, cybersecurity, academic or research acquisitions, integration into U.S.-manufactured products for export (without U.S. use), and transportation vehicles providing international passenger or cargo services; further exempts from the transaction prohibition legacy discrete products in use prior to the effective date (including replacement parts) and the resale, lease, or use of pre-prohibition integrated products. Rules of construction clarify that the prohibitions do not preempt other federal, state, or Commerce Department restrictions; do not permit expansion of joint ventures or similar arrangements with producers of the technology; and do not apply to U.S. persons using it outside the United States.

This section prohibits, effective on the date of enactment, covered persons—or persons knowingly transacting with or on behalf of covered persons—from entering into joint ventures, licensing agreements, technology partnerships, or similar arrangements with companies that produce, design, or control covered foreign adversary light detection and ranging (LIDAR) technology if the purpose is (1) manufacturing, assembling, or developing such technology (or derivatives) for use in the United States; (2) licensing related intellectual property for products intended for U.S. use; or (3) facilitating the design, production, or deployment of such technology for U.S. use. The prohibition does not apply to research using such technology in the United States or to products developed for export and not sold or leased domestically. Exceptions permit (1) transactions resulting in termination of adversary affiliation with the technology and (2) fulfillment of pre-enactment contractual obligations, unless those obligations were entered to frustrate the Act (with such arrangements in the 180-day period preceding enactment presumed to have that intent unless proven otherwise by a preponderance of the evidence).

This section establishes enforcement mechanisms for violations of sections 3 and 4, including— (1) civil penalties for covered persons who violate, attempt to violate, conspire to violate, or cause knowing violations of section 3(a), not to exceed the greater of $250,000 or twice the amount of the violative transaction (per 50 U.S.C. 1705); (2) authority for the Secretary of Commerce to seek injunctive relief in any U.S. district court (including the District of Columbia) requiring cessation or unwinding of section 3 violations by any person; (3) authority to block, unwind, or prohibit joint ventures, licensing agreements, technology partnerships, or similar arrangements violating section 4; and (4) a pre-enforcement procedure requiring the Secretary to provide written notice of alleged violations and a 30-day opportunity to petition against penalties or actions. These remedies do not limit other federal enforcement authorities.

This section directs the Secretary of Commerce, within 90 days of enactment, to (1) establish a program to conduct outreach for compliance with the Act, issue compliance guidance incorporating end-user feedback, and create procedures for waivers or clarifications; and (2) designate at least two individuals—one with expertise in autonomous driving systems and one in robotics—to review petitions from customers or users of prohibited covered foreign adversary light detection and ranging (LIDAR) technology (i.e., laser-based sensors used in autonomous vehicles and robotics) who claim dependency on such technology, determine if a waiver serves the national interest based on technical evidence, and propose benchmarks for waiver rescission or extension. The section further requires the Secretary to issue advisory opinions, within 180 days of a petition, assessing whether a customer's or user's continued use of prohibited technology likely warrants a waiver. Additionally, within 90 days of enactment, the Secretary must establish a National Security Task Force to address risks from such technology remaining in use (via waiver, exemption, extension, or violation), including stakeholder engagement on risks and mitigation and coordination with the Intelligence Community and law enforcement to share relevant information.

This section defines key terms used in the Act. (1) "Adversary affiliation termination event" as a transaction and agreement fully divesting any interest in foreign adversary light detection and ranging (LIDAR) technology (or a controlling company), approved by the Secretary of Commerce upon clear and convincing evidence that it eliminates national security threats (including data transmission to adversaries) and transfers full control and intellectual property to non-adversary U.S. persons or designated trusted partners, subject to judicial review by impacted parties. (2) "Covered person" as any person engaging in commerce related to LIDAR technology, products/services/infrastructure incorporating it, or routine business use of it—excluding natural persons for personal/incidental use without evasion intent, but including structures created to evade the Act. (3) "Covered foreign adversary LIDAR technology" as any LIDAR sensor, system, hardware, software, or component developed, distributed, and manufactured by a foreign adversary-domiciled/headquartered person, one with at least 25% adversary ownership, or one under adversary control—excluding technology following an adversary affiliation termination event. (4) "Critical infrastructure operator" as any operator (or contractor) of critical infrastructure sectors/functions designated annually by the Secretary of Commerce (using 42 U.S.C. §5195c(e)), including at minimum water/wastewater/power utilities, smart city/traffic systems, and airport/seaport/railway/transportation assets. (5) "Foreign adversary country" as the People's Republic of China, Russian Federation, Islamic Republic of Iran, and Democratic People's Republic of Korea.

This section directs the Secretary of Commerce to submit to Congress, not later than one year after enactment and annually thereafter, a report—which may contain a classified annex—describing (1) all regulatory or enforcement actions undertaken pursuant to the Act; (2) any waivers granted under the Act, including identifying information regarding the products and persons subject to such waivers; (3) emerging national security threats related to light detection and ranging technology; and (4) any efforts of the People's Republic of China, or an entity based therein, to circumvent or otherwise frustrate a material purpose of the Act.